Getting hit by an uninsured driver in Arizona can leave you with medical bills, vehicle damage, missed work, and no obvious insurance policy to recover from. Arizona requires drivers to carry liability insurance, but not everyone follows the law. According to the Insurance Information Institute, about 11.9% of Arizona drivers are uninsured, while the Insurance Research Council estimated that 14% of motorists nationwide were uninsured in 2022.
For drivers in Phoenix, Tucson, and other busy parts of the state, that risk is not theoretical. Arizonaโs most dangerous Phoenix intersections and worst Tucson intersections see heavy traffic every day, and even one uninsured driver can make a serious crash much harder to resolve.
When the at-fault driver has no insurance, your recovery usually depends on your own auto policy. The most important questions are whether you carry uninsured motorist coverage, underinsured motorist coverage, collision coverage, or another layer of protection that can help pay for your losses.
What is Arizonaโs Minimum Insurance Requirements?
Under A.R.S. 28-4009, Arizona drivers must carry minimum liability insurance of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $15,000 for property damage
This is often called 25/50/15 coverage and liability insurance pays for any harm the policyholder causes to someone else. But if the at-fault driver is uninsured, there is no liability policy available to pay your claim. That is where uninsured motorist and underinsured motorist coverage become important.
How UM and UIM Coverage Work in Arizona
Under A.R.S. 20-259.01, Arizona insurers must offer uninsured motorist and underinsured motorist coverage in writing. Drivers can reject the coverage, but the rejection must also be in writing.
Uninsured motorist coverage, or UM, applies when the at-fault driver has no insurance, hit-and-run accidents ,or situations where the at-fault driverโs insurance company becomes insolvent. Meanwhile, underinsured motorist coverage, or UIM, applies when the at-fault driver has insurance, but not enough to cover the full value of your claim.
For example, if your damages are worth $80,000 and the other driver only has $25,000 in liability coverage, your UIM policy may help cover the remaining losses, depending on your limits. While UM and UIM claims are filed through your own insurance company it does not mean the process is always easy.
Your insurer may still dispute the severity of your injuries, question your treatment, argue that you were partially at fault, or make a low settlement offer. One important protection is that filing a UM claim cannot legally raise your premiums under A.R.S. 20-263 if you were not at fault.
What About Vehicle Damage?
Arizona does not allow stand-alone uninsured motorist property damage coverage. That means your UM coverage may help with injury-related losses, but it generally does not function as separate property damage coverage for your car.
If an uninsured driver damages your vehicle, your main options are to use your own collision coverage, file a claim or lawsuit directly against the uninsured driver, or pay for repairs out of pocket. In many cases, collision coverage is the most practical option because uninsured drivers often do not have enough assets to personally pay for the damage they caused.
How Fault and Damages Are Determined in Arizona
Fault in an uninsured driver case is determined the same way it is in other Arizona car accident claims. Your insurer or attorney may review the police report, vehicle damage, traffic citations, photos, witness statements, medical records, dashcam footage, surveillance video, and any other available evidence.
Arizona follows a pure comparative negligence rule under A.R.S. 12-2505. This means your compensation can be reduced by your percentage of fault, but you are not automatically barred from recovery just because you were partly responsible.
Damages in an uninsured driver case may include medical bills, future medical care, lost wages, reduced earning capacity, pain and suffering, property damage through collision coverage, and, in fatal cases, damages under Arizonaโs wrongful death laws.
The biggest limitation is usually your own policy limit. If your UM limit is $25,000, that may be the maximum your insurer is required to pay, even if your actual damages are much higher.
The Deadline for Arizona UM and UIM Claims
Arizona has a specific deadline for UM and UIM claims under A.R.S. 12-555. This deadline is different from the state’s statute of limitations for personal injury cases.
In order to file a claim, you must give written notice to your insurer of your intent to pursue a UM or UIM claim within three years of the earliest applicable date, which may be the date of the crash, the date you learned the driver was uninsured, the date coverage was denied, or the date you learned the at-fault driverโs insurer was insolvent.
After written notice is given, a separate three-year window begins to either request arbitration or file a lawsuit. These deadlines are easy to miss because some drivers spend months trying to pursue the at-fault driver before realizing there is no valid insurance coverage. Our Arizona car accident laws guide covers the broader legal framework for claims after a crash.
What If You Do Not Have UM or UIM Coverage?
If you do not have UM or UIM coverage, your options are more limited. You may be able to use health insurance for medical treatment, collision coverage for vehicle damage, or file a direct lawsuit against the uninsured driver.
The problem is collection. Many uninsured drivers do not have meaningful assets, steady income, or property that can be used to satisfy a judgment. A lawsuit may still be possible, but winning a judgment and actually collecting money are two different things.
Are Hit-and-Run Accidents Claims Classified as UM or UIM Claims?
Arizona generally treats hit-and-run accidents like uninsured motorist claims because there is no identifiable driver or available insurance policy to pursue.
If you were hit by a driver who fled the scene, call 911, request a police report, take photos, gather witness information, seek medical care, and notify your insurer as soon as possible. A police report is especially important because your insurer may question the claim if there is limited proof that another driver caused the crash.
Some policies also have specific requirements for hit-and-run UM claims, including physical contact between vehicles. This can make โphantom vehicleโ cases more complicated when another driver causes a crash without actually hitting your car.
Why Arizonans Hire West Coast Trial Lawyers
Uninsured driver claims often come down to a difficult reality: your own insurance company may be the one fighting against the full value of your claim. At West Coast Trial Lawyers, our firmย handles uninsured and underinsured motorist claims for injured clients throughout Arizona.
Whether you are a victim of a hit and run accident or a victim of a car accident that wasn’t your fault, our Phoenix office helps accident victims review their coverage, understand their options, and pursue compensation when insurers refuse to pay fair value.
If you were injured by an uninsured driver in Phoenix, Tucson, Mesa, Glendale, Scottsdale, Tempe, or anywhere else in Arizona, call our Arizona team at (213) 927-3700 or contact us online to discuss your claim.
